Mansfield v. Mix
Supreme Court of Connecticut
Suit to determine the validity and construction of the will of Ann M. Mix of Westville, deceased, brought to the Superior Court in New Haven County and reserved by tbat court, Elmer, J., upon the facts alleged in the complaint, for the consideration and advice of this court.
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Suit to determine the validity and construction of the will of Ann M. Mix of Westville, deceased, brought to the Superior Court in New Haven County and reserved by tbat court, Elmer, J., upon the facts alleged in the complaint, for the consideration and advice of this court. The will in question was executed June 9th, 1874, and the following clauses are the material ones: “ 1. The provisions of this will are made in view of the fact that my husband has by law the use and improvement of my property during his life. ... 5. I give to my trastees one fifth part of my properly in trust for my son,…
1Opinion of the CourtHamersley, J.
The ninth clause of the will is certainly not clear. Any precise meaning that may be given involves some liberties with language used. In such case, controlling force should be given to the apparent intent of the testator. Reading the will and codicil in the light of the surrounding circumstances, as found, we think the clause means: I give to my trustees for my son Ernest, one fifth part of my estate, to be held by them for his benefit, until he becomes of age, and afterwards, should he then in their judgment manifest the same characteristics as his elder brothers, to be held by them for his…
2Cases cited1 opinion
- Minor v. FerrisSupreme Court of Connecticut · 1852
3Cited by4 opinions
- Chapin v. CookeSupreme Court of Connecticut · 1900
- Phoenix State Bank & Trust Co. v. JohnsonSupreme Court of Connecticut · 1945
- Hills v. HartSupreme Court of Connecticut · 1950
- Chase, Admr. v. BenedictSupreme Court of Connecticut · 1899